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(영문) 서울중앙지방법원 2018.01.30 2015가단120251
위약금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a superior company that recruits its members and provides services for events, such as funeral wedding, by means of prepaid installment transactions, and supplies of goods incidental thereto.

From around 2011, the Defendant became a specialized designer of the mutual aid team affiliated with the Plaintiff, and entered into an agreement with the Plaintiff around 2013 on the business of the head of the branch office and worked as the head of the Plaintiff’s B branch office by the end of May 2015.

(b) The contents of the Agreement on the Business of the Branch Director relating to this case are as follows:

Article 5 (Cancellation, etc. of Contracts) (1) Where the head of a branch office intends to terminate a contract, he/she shall notify the company of his/her intention of termination in writing three months prior

(3) Where a contract is terminated, the head of a branch office shall transfer all the affairs related to the delegation to a successor designated by the company in good faith.

Article 6 (Indemnification) (1) In cases falling under Article 19 (Indemnification), the head of a branch office shall compensate for the damages suffered by the company, and shall return all the money and valuables, such as all allowances and prize expenses paid by the company for one year prior to the occurrence of the cause during the contract period.

(2) When the head of a branch office takes over the affairs of a successor when cancelling the contract, he/she shall return all the money and valuables under paragraph (1) to the company, if the transferee fails to perform such affairs in good faith as neglecting to take over the affairs of the successor, omitting or falsely handing over the delegated affairs.

(3) Where the head of a branch office fails to faithfully comply with the procedures for cancellation of a contract under Article 5 or violates the obligations under Article 2 (3) and (4), the head of the branch office shall return all expenses incurred in the opening of the branch office and the operation of which the company bears, where the implementation of the business plan is remarkably unfaithful

(4) The head of a branch office shall not transfer a job to the same company (referring to the same kind of company as defined in subparagraph 8 of Article 2 of the contract for the entrustment of the work of a specialized architect) for one year after the

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